LJU4801
ASSINGMENT 02
SEMSETER 1 2024
, Question 1
Apartheid has left South Africa with some deep-rooted issues especially amongst the black
community that still needs to be address beyond the discussions that we have already had.
When the 1996 Constitution was enacted, it was hailed for, among other things, it inclusion of
justiciable socio-economic rights and its transformative agenda. The new government
assumed office with an overwhelming support from the populace and the international
community. The majority of South Africans looked forward to building a new nation
characterized by a common vision and inclusiveness as opposed to the legacy of
apartheid. Despite the prevalence of goodwill, the new government was faced with difficult
challenges. These include unifying the disparate and racially defined homeland system into
one country. The Preamble of the Constitution clearly states that the Constitution is to: heal
the divisions of the past and establish a society based on democratic values, social justice,
and fundamental human rights. Improve the quality of life of all citizens and free the potential
of each person.1 But more than twenty years after the end of apartheid, "race remains a key
factor in South Africa's high levels of inequality, due to its impact on education and the labour
market.2 Mnyongani in his article “duties of a lawyer in a multicultural society” states that
when the 1996 Constitution was enacted it was ‘hailed’ for its transformative agenda.
Transformative Agenda
1
See the Preamble of the Constitution of the Republic of South Africa, 1996.
2
Mnyongani FD “Duties of a lawyer in a multicultural society: A customary law perspective” 2012 Stell
LR 352-369.
ASSINGMENT 02
SEMSETER 1 2024
, Question 1
Apartheid has left South Africa with some deep-rooted issues especially amongst the black
community that still needs to be address beyond the discussions that we have already had.
When the 1996 Constitution was enacted, it was hailed for, among other things, it inclusion of
justiciable socio-economic rights and its transformative agenda. The new government
assumed office with an overwhelming support from the populace and the international
community. The majority of South Africans looked forward to building a new nation
characterized by a common vision and inclusiveness as opposed to the legacy of
apartheid. Despite the prevalence of goodwill, the new government was faced with difficult
challenges. These include unifying the disparate and racially defined homeland system into
one country. The Preamble of the Constitution clearly states that the Constitution is to: heal
the divisions of the past and establish a society based on democratic values, social justice,
and fundamental human rights. Improve the quality of life of all citizens and free the potential
of each person.1 But more than twenty years after the end of apartheid, "race remains a key
factor in South Africa's high levels of inequality, due to its impact on education and the labour
market.2 Mnyongani in his article “duties of a lawyer in a multicultural society” states that
when the 1996 Constitution was enacted it was ‘hailed’ for its transformative agenda.
Transformative Agenda
1
See the Preamble of the Constitution of the Republic of South Africa, 1996.
2
Mnyongani FD “Duties of a lawyer in a multicultural society: A customary law perspective” 2012 Stell
LR 352-369.
